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Doctor's smoking jibe wins mother £44,000 payout
Last updated at 09:52am on 21.12.06
Payout: The heavy smoker claimed that she developed severe post-natal depression after the anaesthetist told her off
A mother who was criticised by a doctor for nipping out for a cigarette moments before her caesarean operation has won more than £44,000 for her 'hurt feelings'.
The heavy smoker claimed that she developed severe post-natal depression after the anaesthetist told her off.
The patient, known only as Mrs G, delayed the operation by leaving the ward in the private clinic to get her nicotine fix.
The anaesthetist, referred to as Dr A, claimed her coughing made it difficult to give her an epidural before surgery.
After the birth he told her: 'You've seen your daughter born, if you give up smoking you might see her get married too.'
The patient, who is in her 20s, complained that the doctor had harassed her and was awarded £44,500 for 'pain and psychological distress'. Her legal fees were also paid for.
She also claimed that the doctor failed to provide proper pre-anaesthetic care but experts ruled it was appropriate.
The compensation claim is just one example listed by the Medical Protection Society in its quarterly casebook to help educate medical staff.
The latest published figures for the amount of money handed over by the NHS in compensation payments showed it was almost £300million for the financial year between 2003 to 2004.
It paid out £335million for the financial year starting in 2002, and £696million for the year before. In 1996-97, it was just £1million.
These figures from the medical sector mirror a growing general trend of compensation cases fought in this country.
Earlier this year, a black office worker received around £100,000 in compensation after winning a race discrimination claim against council bosses - because his desk was too small.
Richard Smith, 6ft 4in, who two years earlier won a payout after another race claim, argued that management's refusal to give him a bigger workspace showed the discrimination was continuing.
The 35-year-old equal opportunities officer was so hunched over his computer screen that he ended up in hospital with chest pains, a tribunal heard.
He said management at Doncaster Metropolitan Borough Council ignored several reasonable requests to ease his plight.
The employment tribunal in Sheffield found he had been constructively dismissed and victimised on the grounds of race.
Three months ago, a postman won a five-figure sum in compensation after being sacked for taking a week off to recover from the death of his dog.
An employment tribunal heard that David Portman, 27, took 137 days off over a five-year period because of a series of 'unfortunate accidents'.
When he took yet another week off because of his pet's demise, bosses decided enough was enough and sacked him.
But Mr Portman won his claim for unfair dismissal - and this week walked away with undisclosed compensation reckoned to be at least £10,000.
The tribunal ruled his absences from work were all legitimate and mostly caused by injuries suffered in the course of his duties.
Mr Portman, who was based with Royal Mail in Sheffield, put his months off duty down to bad luck.
'I felt really aggrieved when I was sacked without them taking into account my particular circumstances,' he said.
Reader views (8)
Reading the article has hurt my feelings; when do I get my forty-four grand?
- Ted, Shetland
Welcome to the asylum!
When the mental hospitals were closed in favour of care in the community, I did not realise that we would all have to start living in fantasy world, where even the most absurd story can come true!
Less than 1% of people reading this article can think that paying that smoker a penny was the right decision. But what can we do to return us to normality? I really despair for the future of this country.
I have decided that if things cannot be improved, then I want to become an ostrich and bury my head. Will the papers please help me, by not reporting such absurdity, as it is upsetting me!
- Stephen, London
This is the most absurd article I have ever read. Liberal judges will bring a good country to ruin.
- Greg Webber, Clinton, USA
This woman deserves no sympathy at all! Not only did she smoke through out the entire pregnancy and put the health of her unborn child at risk, the also jepordized the delivery, all for one more cigarette. What a selfish person! She does not deserve one penny. I guess we all know smoking kills you, but doctors and nursing professionals cannot comment or warn you anymore? Britain has become a land of stupidity and nonsense laws!
- Mark Ward, London UK
Who foots the bill? No doubt the taxpayer.
The response of the court should have been "don't be so pathetic"
- Tobias, Newbury, England
What an awful thing to say - just reading it has given me post lunch break depression - I shall sue the paper right away.
Wonder if young junior can sue Mum for being such a selfless caring person while pregnant?
- Alfie, London, UK
They should have awarded her a packet of nicorette instead of money to buy more cigarettes. Having a smoke before a caesarian? How can she expect the doctors to have sympathy for her?! Now things have reached new levels of insanity.
- Anon, Zürich, Switzerland
The doctor's comments were not out of order. She must have been depressed because the truth hurts and what the doctor said was only the truth.
- Kay, London
